Claiming spousal US benefits while in the Philippines

I always get asked how one can claim spousal benefits from a deceased spouse who worked for a US employer. Let’s take the case of Laura.

Laura and Gino were married and living in the Philippines when the latter decided to come to the US to work as an electrician. The couple agreed that it would be in the best interest of the family that Laura stays back home to take care of the children. As the years went by, they felt that migrating the whole family to the US was such a disruption to their children’s lives so Gino opted to work in the US until such time they were able to save enough money in order for Gino to come back to the Philippines for good.

Then tragedy happened. One day, while installing electrical wirings for a condo unit his company was building, he was electrocuted and fell three floors below. He was rushed to the hospital but his injuries were so serious that he died while still inside the ambulance. His body was then repatriated back to the Philippines.

When Gino passed away, he had already been working in the US for almost 30 years. He had accumulated leave credits, retirement benefits, pension, and other benefits earned through those years. His declared principal beneficiary was Laura with his children as the secondary beneficiaries. Laura now wants to claim whatever monetary benefits she may have under Gino’s employer-provided benefit plan as well as any compensation she may and her children may be entitled to because of Gino’s on-the-job injury. What should she do?

First of all, if possible, should come to the US personally to process her spousal claims. If she cannot do this, she should appoint an agent or attorney-in-fact who would represent her before Gino’s employer and at different offices where their maybe some claims to be had such as Social Security, banks, insurance companies, etc. Laura or her attorney would have to contact these offices individually to determine if they have specific forms or requirements to claim for surviving spouse benefits. Some offices may require that she present a court order appointing her as the administrator or executrix of Gino’s estate, while some may not. Thus, she has to ascertain from each office what specific requirements they may have.

Also, some offices may ask that the surviving spouse or family member submit an Individual Tax ID Number. This ITIN is issued by the IRS in the absence of a Social Security number of the beneficiary. Laura does not have a SSN so she must file for an application for ITIN at the IRS office here in the US.

Aside from employment benefits, there may be other avenues of recovery of monetary assets. Gino may have savings and accounts in banks or stock brokerages. As for Gino’s death, she or her attorney-in-fact may consult a personal injury attorney if they can file a claim against the employer. She may also have to consult with a tax attorney if there are possible tax consequences for these claims. An estate attorney might need to be consulted if Gino left a will or had some trusts set up before he died.

These are just some of the ways in which a surviving spouse based abroad can claim any benefits which he/she is entitled to after the other spouse’s death while in the US.